We had previously written a piece on the idea of time limits during trial (see Justice Delayed: An Argument for Time Limits at Trial, NYLJ, April 14, 2015).  At the time the notion did not seem to garner much traction. By serendipity, we recently tried a case in front of Judge Lorna Schofield in the Southern District, who imposed aggregate equal time limits on both sides, with the time to be used for opening, direct or cross examination at counsel’s discretion.

Betsy Baydala

In essence, each side determined how to allocate and utilize their time and include in that analysis how many witnesses to call and how much time to spend with each.